Nature of the Case
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Facts
Lee Swatsenbarg had been diagnosed by the family physician as suffering from terminal leukemia. The 24-year-old Swatsenbarg unsuccessfully sought treatment from a variety of traditional medical sources. He and his wife then began to participate in Bible study, hoping that through faith Lee might be cured. Finally, on the advice of a mutual acquaintance who had heard of D's ostensible successes in healing others, Lee turned to D for treatment. D described his method of curing cancer. This method included consumption of a unique 'lemonade,' exposure to colored lights, and a brand of vigorous massage administered by D. D remarked that he had successfully treated 'thousands' of people, including a number of physicians. He suggested the Swatsenbargs purchase a copy of his book, Healing for the Age of Enlightenment. If after reading the book Lee wished to begin D's unorthodox treatment, defendant would commence caring for Lee immediately. During the 30 days designated for the treatment, Lee would have to avoid contact with his physician. Lee placed himself under D's care. Defendant instructed Lee to drink the lemonade, salt water, and herb tea, but consume nothing more for the ensuing 30 days. The Swatsenbargs bought a lamp equipped with some colored plastic sheets, to bathe Lee in various tints of light. D also agreed to massage Lee from time to time, for an additional fee per session. Lee's condition began rapidly to deteriorate. He developed a fever and was growing progressively weaker. D counseled Lee that all was proceeding according to plan, and convinced the young man to postpone a bone marrow test urged by his doctor. Lee became increasingly ill. He was experiencing severe pain and vomiting frequently. Defendant administered 'deep' abdominal massages on two successive days, each time telling Lee he would soon recuperate. Lee did not improve and began to suffer from convulsions and excruciating pain. He vomited with increasing frequency. The Swatsenbargs began to panic when Lee convulsed for a third time after the latest abdominal massage. The couple spent the night at D's house, where Lee died of a massive hemorrhage of the mesentary in the abdomen. The hemorrhage was the direct result of the massages performed by D. D was convicted of second-degree felony murder in that the homicide was committed by D while he was engaged in the felonious unlicensed practice of medicine. The trial court ruled that an underlying felony of unlicensed practice of medicine could support a felony-murder conviction because such practice was a felony 'inherently dangerous to human life.' D was convicted and appealed.
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